Copyright Infringement Notice
If you have received a copyright cease and desist or infringement letter, it can be a daunting, frustrating experience. However, hiring an experienced copyright attorney can greatly assist you in responding to the letter. At Intellequity, I can review the letter and determine whether the claims made against you are valid or not. I can also help you develop a strategy for responding to the letter, deciding whether it is necessary to negotiate with the other party, and if so, how much leverage you may have. Overall, consulting Intellequity can help alleviate stress and guide you in making informed decisions regarding your copyright matter.
On the other side, if you're in a situation where someone is infringing your copyrighted work, it can be an equally frustrating and overwhelming experience. I can draft a cease and desist letter that is legally sound while also making it clear to the other party that their actions are infringing on your intellectual property. Additionally, I can provide guidance on the next steps to take if the other party continues to use your work. With my knowledge and experience, I can help protect your copyright and ensure that your protection is upheld.
To learn more about the copyright infringement process, read the sections below. Book a low cost,1/2 hour detailed consultation, or book a free 15 minute general information consultation, whichever fits your needs.
Receiving a Copyright Infringement Notice
Receiving a copyright infringement letter can be a very stressful experience. It can be devastating to hear that someone is claiming that you have infringed on their intellectual property rights. However, it is important not to panic and to respond in a professional and timely manner.
AI software can now run internet searches and detect the source of copyrighted works such as text, photos and videos. It can even find copyrighted works that are embedded as PDF's. As a result, copyright infringement notices are being sent sent more often.
Companies and law firms, known as copyright trolls, are attempting to use this technology in bad faith to make money from alleged copyright infringers. They are taking advantage of those they identify by using scare tactics. Sometimes they have a legitimate demand, but sometimes they have questionable claims and are looking for an easy way to make money.
That is not to say you should ignore these letters, they are being sent by people who know the system and want to play on the fear factor that the letters produce. Ignoring them could mean a copyright infringement lawsuit gets filed against you!
In some cases, the letter being sent has little merit, either because the sender does not represent a legitimate copyright holder or has not presented a legitimate copyright claim. In other cases, even if there is copyright infringement, there may be defenses, such as fair use, that can be raised to negate any infringement.
The first step is to carefully review the letter and assess the validity of the claims being made. You may have a legitimate reason to use copyrighted material or a legitimate defense. The copyright act has several exceptions to copyright infringement and the copyright law recognizes fair use, as one type of defense. There are several other defenses, including copyright invalidity and statute of limitations, but each case must be analyzed on its' own facts.
If the claims are legitimate, it is important to take swift action to address the issue and avoid further infringement. This includes removing any infringing content from your site. Better to be safe than sorry, even if the claim is dubious. It is highly recommended to seek the advice of an experienced copyright attorney to properly evaluate the situation and develop a response strategy that protects your rights while avoiding costly legal battles.
As an attorney, my first step is to gather more information to evaluate the claim, which includes both doing my own research and sending the other party a letter which requests more particular information regarding the purportedly infringing content, especially if the initial letter is silent on such information.
If after an evaluation of all the facts it appears that the sender has a legitimate claim, an attorney, such as Intellequity, can assess the strength or weakness of the claim and provide guidance on the best way forward. In some instances, the case may be so weak for the sender that it is advisable to do nothing, and I can draft a letter to the sender to that end. In most others, It is advisable for me to negotiate a reduction in the 'fee' requested and to ensure that any settlement agreement is fair and protects your interests going forward.
With the right guidance and approach, you can navigate the confusing world of copyright infringement demand letters and come out of the matter intact. Receive a copyright cease and desist letter? Book a low-cost consult today!
Sending a Copyright Infringement Notice
Believe someone is infringing on your copyrighted work? Intellequity can help! Copyright infringement can be a frustrating problem to deal with, but it's important to take action in order to protect your intellectual property.
The first step is to evaluate the strength of your claim (including whether it is registered). You do not want to be seen as a copyright troll or find yourself in court pursuing a questionable claim, losing and then getting slapped with having to pay the other side's attorney's fees.
If after that evaluation it appears you have a legitimate copyright claim, I can send a carefully drafted and persuasive cease and desist letter to the infringing party, demanding that they stop using your work and requesting monetary damages. Doing so makes it more likely they will cease the use and comply with any other demands.
If the infringing party does not respond to the letter, continues using the work or indicates that they will not stop use, it may be necessary to send a follow-up letter or take legal action. This can involve filing a lawsuit in state or federal court (if the work is federally registered) to stop the unauthorized use of your copyrighted work and potentially recover damages. Whatever steps you choose to take, it's important to act quickly and decisively to protect and defend your trademark.
If the other party responds and makes an offer of settlement, I can provide negotiation services in an attempt to get you as much as possible for the unauthorized and infringing use of the work in question.
With the right guidance and approach, you can navigate the confusing world of copyright infringement and come out on the other side better off. Want to send a copyright cease and desist letter? Book a low-cost consult today!
Copyright Letter FAQ's
1. Can I ignore the copyright infringement letter I received?
Ignoring a letter, even a seemingly frivolous one, could jeopardize valuable rights you may have and could worsen the situation. Never ignore one of these letters. Find competent counsel to analyze and respond as appropriate.
2. I received an infringement letter from Germany (or some other country). Is this a joke?
Never assume that the letter is a joke. Several firms attempt to circumvent the more strict copyright laws of the US by filing on behalf of a client from another country where the copyright laws are not as strict. If copyrighted material was used and it was copyrighted in another country, there could still be potential liability for any infringement.
3. This letter says I will owe $150,000 if I do not pay the requested amount, is this true?
This is a true statement, but in many cases, very unlikely. First, by statute, damages could be anywhere between $750 and $30,000, although this amount could be as little as $200 if the infringement is found to be innocent. The only time damages can get to $150,000 is if it were proven in court that the infringement was willful. Even where willful, the actual award will depend on several different factors, including the value of the work to the aggrieved party, and profits, if any, you received from using the work,
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The law firm is licensed to practice in Oregon. The information provided by this website is offered for general information only. It is not intended to be legal advice and does not establish an Attorney-Client relationship between you and this firm. For more detailed information on your particular situation, contact us at 503-877-0881.
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